SELAM SHEIKH Vs. BAIDONATH GHATAK

JUDGEMENT

(1.) The plaintiff in this case sued to recover two small plots of land, which we may, for convenience, call plot No. 1 and plot No. 2. His case was that he obtained a patta for the two plots from the zamindar, on the 16th Baisakh 1275 (1868), and got into possession; but that he was ousted by the defendant on the 2nd Jaisti in the same year. The defendant alleged that he had been continuously in possession, for upwards of 12 years, of plot No. 1, and that he had thereby acquired a right of occupancy therein. He also alleged that he obtained in 1273 (1867), from the zamindar, for a consideration, a verbal grant of the plot No. 2 in perpetuity, at an annual rent, subject however, to enhancement.

(2.) The zamindar denied that he had granted plot No. 2 to the defendant in perpetuity, but he said that he had granted him the two plots for 5 years and 3 years respectively, which periods expired in 1274 (1867).

(3.) There was no doubt about the plaintiff's patta, which was registered. The Munsiff found that the defendant had not been 12 years in possession of plot No. 1, but he found that the defendant's allegation that the zamindar had settled plot No. 2 with him in perpetuity was true. Accordingly be gave the plaintiff a decree for possession of plot No. 1 only, and dismissed his suit in respect of plot No. 2.